Digi - Legal Insights

Considering aims of Protection of Children from Sexual Offences Act and victim's status as a minor, case does not warrant exceptional consideration under Section 482 of CrPC.

Impugned detention orders are quashed, as detention order, based on Petitioners criminal history to prevent actions prejudicial to public order, was ultimately flawed due to lack of verification of truthfulness of statements.

Impugned Order discharging Petitioners from case filed by ACB, has attained finality and discharge by trial Court is an admitted fact on record hence, impugned ECIR and charge-sheet registered by Respondent No.2 qua Petitioners, deserves to be quashed. 

Long possession without animus and proof of adverse title does not confer ownership against State.

Voluntary undertakings by employee permit recovery of excess pensionary payments; no interference warranted.

Absence of valid adoption evidence disentitles person from exclusive share; partition modified to equal shares.

Transfer order vitiated by political interference and unexplained handwritten alterations; Tribunal rightly invalidated decision.

Termination of Anganwadi Madatnis illegal where no fraud or misrepresentation found and documents were duly verified; reinstatement directed.

Appointment to Group A post cannot be granted without fulfilling experience requirement; MPSC directed to finalize select list.

Termination for unauthorized absence is invalid when absence was due to employers illegal demand for undertakings; partial charges alone not sufficient.

Artificial breaks in service cannot defeat entitlement to old pension scheme when petitioner held substantive UGC post and was granted CAS benefits.

Reinstatement and back wages denied when termination followed due process and employee was on extended probation without satisfactory performance.

Deemed conveyance application is maintainable despite res judicata plea; however, conveyance must exclude separately occupied structures and proportionate land.

Judgment passed by Additional Sessions Judge convicting accused for offence punishable under Section 302 of IPC and sentencing to undergo life imprisonment along with fine Rs.50,000/- is modified.

Applicant No.2 had no interaction that influenced the informants marital situation thus, proceeding with a trial based on vague allegations would constitute an abuse of legal process, same needs to be set aside.

Non-applicant No.1 along with her son is entitled to reside in shared household on first floor instead of on ground floor as described in application.

Unregistered agreement bars defendant from claiming protection under Section 53A; prohibition under Project Affected Act validates decree for possession.

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

Dishonour of cheque - Complaints dismissed for non-prosecution though summoned witness not bound over - Magistrate erred in placing burden on complainant - Dismissal quashed - Cases restored for fresh trial - Appeal allowed.

 

Dishonour of cheque - Sessions Court vested with revisional powers under Sections 397 and 399 CrPC; dismissal of revision on preliminary ground improper - Denial of cross-examination opportunity held unjust - Order quashed - Petition allowed.